Time-Barred Debt

Time-barred debt is money a consumer borrowed and didn’t repay but which is no longer legally collectable because a certain number of years have passed. Time-barred debt is also known as debt that is beyond the statute of limitations. Each state has different rules about the length of time during which a debt remains collectible. In some states, it is as short as three years, and in others, it is as long as 10 years. Creditors and debt collectors may still attempt to sue consumers to collect time-barred debt, but they should not be able to win in court since the statute of limitations has run out.

Time-barred debt usually comes up when a collector contacts a borrower about repaying an old debt. Because a borrower is not legally obligated to repay time-barred debt, they should deal with debt collectors carefully when it comes to old debts. If a borrower acknowledges that they owe the debt or makes even a small payment on it, it will no longer be time-barred and the borrower will have to repay it. In fact, a particular breed of debt collectors, called zombie debt collectors, specialize in trying to collect time-barred debts. These debt collectors buy very old debt for as little as 2 cents on the dollar. Then, they get to keep 100% of whatever they manage to collect.

The statute of limitations for credit card debt repayment is governed by the individual states. It can range from three to 10 years depending on a borrower’s state. Borrowers can check their state’s legislation here to understand the timeframe for time-barred debts. It is important that a borrower be aware of the statute of limitations for credit card debt in their state in order to appropriately respond to debt collectors.

Many credit card debt collectors may not have aggressive debt collection policies allowing unpaid debt to pass without repayment beyond a state’s statute of limitations. If a debt collector contacts a borrower about a debt that they think might be time-barred, the borrower should request written verification of the debt to do due further due diligence. The borrower can then decide whether they want to dispute the debt because the statute of limitations has expired, repay the debt because they feel obligated or want to improve their credit score, or compromise with the collector by settling the debt for less than they owe.

If a borrower owes a debt that is time-barred, they might feel a moral obligation to repay it even if they no longer have the legal obligation to repay it. However, if they pay the debt collector who is contacting them about the money, the payment will not go to the creditor originally owed but rather to a third-party that has purchased the debt. Still, because bad debts stay on a credit report for seven years, a debt that is time barred can continue to harm a credit score, so there might be practical reasons to repay it even if a borrower doesn’t have moral or legal reasons to do so.